The Pentagon announced Monday it is reviewing "serious allegations of misconduct" against US Democratic Senator Mark Kelly, a retired US Navy captain.
Investigation Initiated
The Department of Defense's X account stated the review follows Kelly's participation in a video urging military members to refuse unlawful orders. The post included a reminder that all servicemembers have a legal obligation under the Uniform Code of Military Justice (UCMJ) to obey lawful orders, which are presumed to be lawful. The Pentagon's announcement suggested Kelly's statements were a factor in the review.
Senator Kelly's Response
Senator Kelly stated he learned of the investigation via the Pentagon's social media post. He commented on X, saying, "If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work."
Legal Context and UCMJ Application
Senator Kelly previously served as a combat pilot in the US Navy during the first Gulf War and completed four space missions for NASA between 2001 and 2011. Although retired, Kelly remains subject to the UCMJ, a federal law enacted in 1951. The UCMJ applies to active-duty members, activated National Guard and Reserve members, military academy students, certain civilians supporting the military during wartime, and retirees.
It grants the military the authority to recall retirees for offenses, including those that "prohibit actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces." The Pentagon indicated that potential actions against Kelly could involve a recall to active duty for court-martial or administrative measures.
Pentagon's Procedural Statement
The Pentagon affirmed the matter would be "handled in compliance with military law, ensuring due process and impartiality." Official comments would be limited to "preserve the integrity of the proceedings." The statement reiterated that a servicemember's personal philosophy does not justify or excuse the disobedience of an otherwise lawful order.
The Video Content
The video, central to the allegations, was shared by Michigan Senator Elissa Slotkin. It features Senator Kelly along with US Representatives Chris Deluzio, Maggie Goodlander, Chrissy Houlahan, and Jason Crow, all of whom have military or intelligence community backgrounds. In the video, they advise military members that they are not obligated to obey illegal commands. Senator Kelly states, "Our laws are clear. You can refuse illegal orders." The video also suggested that current threats to the Constitution are originating "from right here at home."
Former President Trump's Comments
Former President Donald Trump commented on the video via Truth Social, accusing the lawmakers of "SEDITIOUS BEHAVIOR." He subsequently clarified in a Fox interview that he was "not threatening death" against the Democratic lawmakers.